Judicial Reform

As structured in the Constitution, the federal government consists of three components: the executive branch, the legislative branch, and the judicial branch. While most focus primarily on the executive and legislative branches, the judiciary is just as important and casts an expanding shadow over policy debates. With its own set of institutions and opacity, most Americans have only a vague understanding of the legal system and its impact on the economy. As the size and scope of government has grown, the legal system has lost its moorings, with common law being overwhelmed by statutory law—drowning the economy in red tape.

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The Federal Circuit is unique among the courts of appeals as it is the only court that has its jurisdiction based wholly upon subject matter rather than geographic location. The Federal Circuit Court hears certain appeals from all of the United States District Courts, appeals from certain administrative agencies, and appeals arising under certain statutes.

It was encouraging to see George Stephanopoulos raise the issue of judicial appointments Sunday on ABC's This Week. "What kind of judges will you appoint? Will they be conservative? What does that mean to you and how will you ensure it?" he asked Donald Trump.

Today, the federal appeals court in Washington will begin to hear arguments regarding Obama’s net neutrality rule and whether or not the government should have the ability to micromanage the internet. As it would stand under the administration’s new rule, the government would have expanded capabilities to step in and add numerous burdensome regulations to the internet. This could pose many problems to businesses that range anywhere from substantial cost hikes to increased uncertainty in the economy; thus leading to curtailed innovation and less new products being introduced to the marketplace.

Last week, a federal appeals court delivered an important decision regarding the transmission and regulation of digital data that enters the country. In the 2-1 ruling, the court concluded that the International Trade Commission (ITC) does not have the authority to assume control over the flow of electronic transmissions, which could have introduced yet another regulatory blockade to stifle internet freedom.

On Thursday, the Coalition for Public Safety hosted a briefing, “The Need for Criminal Justice Reform: How Did We Get Here?,” with coordination with the congressional House Criminal Justice and Public Safety Caucus, co-chaired by Reps. Jason Chaffetz (R-UT), Hakeem Jeffries (D-NY), Raul Labrador (R-ID), and Cedric Richmond (D-LA). This briefing highlighted the major policy decisions that have led to a dramatic increase in the federal prison population and serious problems in federal sentencing policies.

On Tuesday, U.S. District Judge George H. King issued a ruling that should make celebrating your birthday a little bit happier. For the better part of a century, the song “Happy Birthday to You” had been locked up under copyright claim, and those who wanted to officially use the song had to pay royalties to the company that owned its rights. These royalty payments were often collected from stage productions, television shows, movies, and even greeting cards, whenever they decided to use the celebratory song. However, after a long 80 years, King has rendered the copyright invalid, since the original only granted rights to the explicit piano arrangements and not the song itself.

In the state of California, the popular ridesharing service Uber is under serious attack. We’ve covered how earlier this year, the California Labor Commission issued a ruling that the company’s drivers should be classified as employees, rather than the independent contractors Uber claims they are. This classification has major implications for Uber and all similar services in the future, since employees are subject to massive labor regulations from which contractors are exempt. The cost of complying with these regulations would be crippling, if not fatal, for Uber’s services in California, and the door would be closed on any businesses with a similarly innovative business model in the future.

A federal judge has granted a preliminary injunction against the EPA, stopping a controversial water regulation in 13 states. The states in question are suing to stop the new water rule, which would violate private property rights and substantially harm individuals and businesses alike. The injunction stops the EPA from enforcing its rule until the results of the lawsuit are decided.